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Activity 6: FERPA (Family Educational Rights and Privacy Act)

Review and record what office is responsible for reviewing and updating the information listed below. Also indicate where this information is located and when it was last updated.

FERPA 34 CFR 99.30; 34 CFR 99.31

|Office Responsible: |      |

|Area Information is located: |      |

|Date Document was last updated: |      |

|Date Policy and Procedure was last updated: |      |

FERPA sets limits on the disclosure of personally identifiable information from school records, and defines the rights of the student to review the records and request a change to the records. Use the checklist below to ensure that your school meets the requirements outlined in the regulations:

⇨ The school ensures that students have the right to review their education records

⇨ The school ensures that students are allowed to amend inaccurate information contained in their records. If a request is denied, the school allows the student to request a hearing to challenge the contents of the education records, on the grounds that the records are inaccurate, misleading, or violate the rights of the student

⇨ The school ensures that students have the right to provide consent for the disclosure of their records

⇨ The school annually notifies student of their rights under FERPA

⇨ The annual notice describes the students’ rights to review their educational records, request changes to their records, consent to disclosures of personally identifiable information, and to file complaints with the Department, as well as procedures for reviewing and amending their educational records

⇨ The school includes in the annual notice the procedure for exercising their rights to inspect and review education records

⇨ The school maintains a record in the student’s file listing to whom personally identifiable information was disclosed and the legitimate interests the parties had in obtaining the information (does not apply to school officials with a legitimate educational interest or to directory information)

⇨ The school specifies which school officials with legitimate educational interest have access to student education records without student consent

⇨ The school indicates the types of information the institution has designated as directory information (name, address, major, etc.)

⇨ The school maintains a record of each request (who and why) for access to and disclosure of personally identifiable information, as well as others who disclose personally identifiable information without written consent from the student, unless the request was from the student, a school official with legitimate educational interest, or a party seeking records due to a law enforcement subpoena containing criteria that the subpoena not be disclosed, or the request is for directory information only

Request to Disclose Information 34 CFR 99.30

Review and record what office is responsible for reviewing and updating the information listed below. Also indicate where this information is located and when it was last updated.

|Office Responsible: |      |

|Area Information is located: |      |

|Date Document was last updated: |      |

|Date Policy and Procedure was last updated: |      |

Except under one of the special conditions described in 34 CFR 99.31, a student must provide a signed and dated written consent before an education agency or school may disclose personally identifiable information from the student’s education records. The written consent must:

• Specify the records that may be disclosed

• State the purpose of the disclosure

• Identify the party or class of parties to whom the disclosure may be made

When a disclosure is made:

• If a parent or eligible student so request, the school must provide him or her with a copy of the records disclosed, and if the parent of a student who is not an eligible student so request, the school must provide the student with a copy of the records disclosed

Signed and dated written consent may include a record and signature in electronic form that:

• Identifies and authenticates a particular person as the source of the electronic consent

• Indicates such person’s approval of the information contained in the electronic consent

Consent not required 34 CFR 99.31

Review and record what office is responsible for reviewing and updating the information listed below. Also indicate where this information is located and when it was last updated.

|Office Responsible: |      |

|Area Information is located: |      |

|Date Document was last updated: |      |

|Date Policy and Procedure was last updated: |      |

A school may disclose personally identifiable information without student consent to the

following parties:

• School officials with legitimate educational interests

• U.S. Comptroller General, U.S. Attorney General, U.S. Department of Education

• State and local officials

• Authorized organizations conducting educational research

• Accrediting agencies

• Alleged victim of a crime

• Parent of a Dependent Student as defined by the IRS

• Parent of a student under 21 regarding the violation of a law regarding alcohol or drug abuse

FERPA and Subpoenas

In contrast to the exceptions to the notification and recordkeeping requirements granted for law enforcement purposes, educational agencies or institutions may disclose information pursuant to any other court order or lawfully issued subpoena only if the school makes a reasonable effort to notify the parent or eligible student of the order or subpoena in advance of compliance, so that the parent or eligible student may seek protective action. Additionally, schools must comply with FERPA’s recordkeeping requirements under 34 CFR 99.32 when disclosing information pursuant to a standard court order or subpoena.

Your school makes a reasonable effort to notify a student who is the subject of a subpoena or court order before complying, so that the student may seek protective action (unless the court or issuing agency has prohibited such disclosure).

HIPPA & FERPA 45 CFR Part 160; 45 CFR Part 162; 45 CFR Part 164

Review and record what office is responsible for reviewing and updating the information listed below. Also indicate where this information is located and when it was last updated.

|Office Responsible: |      |

|Area Information is located: |      |

|Date Document was last updated: |      |

|Date Policy and Procedure was last updated: |      |

HIPPA applies to Health Care Providers, private benefit plans, and health care clearinghouses. It does not apply to other types of organizations whose receipt or maintenance of health records is incidental to their normal course of business. FERPA does not limit what records a school may obtain, create, or maintain. It provides safeguards for education records.

Your schools' Office of Disability Services (ODS) normally obtains and maintains health records for each student who applies for services or waivers. So, the receipt and maintenance of health records by students services' units is well established. If a health record is used to make a decision in regard to a student's education program, (e.g., whether a student should receive extended time for testing; or be exempt from an academic requirement, such as SAP) the health record may be construed to be an education record. In that case the normal FERPA provisions for safeguarding the record would apply.

Your school follows requirements for the Privacy of health records (HIPPA).

Health and Safety Exemption Requirement 34 CFR 99.31(a)(10) & 34 CFR 99.36

Review and record what office is responsible for reviewing and updating the information listed below. Also indicate where this information is located and when it was last updated.

|Office Responsible: |      |

|Area Information is located: |      |

|Date Document was last updated: |      |

|Date Policy and Procedure was last updated: |      |

A health and safety exception permits the disclosure of personally identifiable information from a student’s record in case of an immediate threat to the health or safety of students or other individuals.

The school follows the provisions outlined in the regulations as follows:

The school only discloses personally identifiable information from an education record to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.

Patriot Act changes to FERPA:

In response to the terrorist attacks on the United States that took place on September 11, 2001, Congress made changes to FERPA. Section 507 of the USA Patriot Act amended FERPA, which now contains 16 exceptions to the general rules. Public Law 107-56; DCL April 12, 2002

The school complies with the changes made to FERPA as a result of the USA Patriot Act as outlined in DCL April 12, 2002

FERPA Contact Information:

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Ave., S.W.

Washington, DC 20202-4605

Phone: 202-260-3887

Email: ferpa@(schools only)

Web site address:

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